OPINION
Chief Justice ZAPPALA.
We granted allocatur in this case to determine whether the Superior Court properly affirmed the Lackawanna County Common Pleas Court’s order denying expungement of a Protection From Abuse Act1 (PFAA) proceeding. For the reasons that follow, we reverse.
On October 6, 1998, Appellee, Maura Carlacci, filed a PFAA petition2 against Appellant, Edward R. Mazaleski. Appellee and Appellant are not married, but are the parents of a minor child. The Court of Common Pleas of Lackawanna County entered a temporary PFAA order ex parte that same date and scheduled a hearing for October 15, 1998. On October 15th, Appellant was awarded partial custody of the minor child and the parties agreed to continue the PFAA matter until November 16, 1998. On November 16th, the parties executed a stipulation that the temporary PFAA order should be declared null and void, ab initio,3 which was adopted as an “Order of Court.”4
[474]*474On November 19, 1998, Appellant filed a motion to expunge the docket related to the PFAA petition. • On December 24, 1998, the common pleas court denied Appellant’s motion. On December 30, 1999, the Superior Court affirmed in an unpublished memorandum. Appellant’s subsequent Application for Reargument was denied by order of the Superior Court dated March 10, 2000.
In this Commonwealth, there exists the right to petition for expungement of a criminal arrest record. See e.g., Commonwealth v. Armstrong, 495 Pa. 506, 434 A.2d 1205, 1206 (1981). This right is an adjunct of due process and is not dependent upon express statutory authority. Id.; see also Commonwealth v. Rose, 263 Pa.Super. 349, 397 A.2d 1243 (1979). “In determining whether justice requires expungement, the Court, in each particular case, must balance the individual’s right to be free from the harm attendant to the maintenance of the arrest record against the Commonwealth’s interest in preserving such records.” Commonwealth v. Wexler, 494 Pa. 325, 431 A.2d 877, 879 (1981). The factors that must be considered in making such a determination include, but are not limited to:
[T]he strength of the Commonwealth’s case against the petitioner, the reasons the Commonwealth gives for wishing to retain the records, the petitioner’s age, criminal record, and employment history, the length of time that has elapsed between the arrest and the petition to expunge, and the specific adverse consequences the petitioner may endure should expunction be denied.
Id. (quoting Commonwealth v. Iacino, 270 Pa.Super. 350, 411 A.2d 754, 759 (1979) (Spaeth, J., concurring)).
Although this Court has never addressed an expungement in the context of the PFAA, the Superior Court did so in P.E.S. v. K.L., 720 A.2d 487 (Pa.Super.1998). There, a PFAA petition had been filed by the appellant against the appellee, requesting the issuance of a temporary PFAA order. The [475]*475petition was denied and a hearing on the petition was scheduled; the parties, however, failed to appear and no action was taken on the petition. The appellee thereafter filed a “Motion to Dismiss and Expunge the Record.” The common pleas court granted the motion to dismiss, but denied the motion to expunge based on its determination that there was no statutory authority for expungement of a PFAA record.
On appeal, the Superior Court reversed. After conceding that the PFAA did not specifically authorize expungement of a PFAA record, the Superior Court stated that it was “extending] the concept of expungement to the PFAA in limited circumstances where a [petitioner] seeks to protect his or her reputation.” P.E.S., 720 A.2d at 490. The Superior Court analogized the appellee’s request to expunge the record of the dismissed PFAA petition to a request to expunge court records of an illegal commitment to a state psychiatric hospital pursuant to this Court’s decision in Wolfe v. Beal, 477 Pa. 477, 384 A.2d 1187 (1978) (holding that a person who has been unlawfully committed to a state psychiatric hospital has a right, arising out of the right to protect one’s reputation guaranteed by Article I, Section 1 of the Pennsylvania Constitution, to the destruction of the hospital records which were created as a result of the illegal commitment); accord Commonwealth v. J.T., 279 Pa.Super. 127, 420 A.2d 1064 (1980) (applying Wolfe to the expungement of court records of a psychiatric commitment order determined to be null and void for having not been entered in compliance with the Due Process Clause of the United States Constitution and the Mental Health and Mental Retardation Act of 1966, 50 P.S. § 4406 (repealed in part 1976)).5 Accordingly, the Superior [476]*476Court ordered that the record of the dismissed PFAA petition be expunged. The Superior Court also went on to hold in P.E.S. that in ruling on a petition to expunge a PFAA record, the trial court must utilize the Wexler balancing test.
On appeal to this Court, Appellant argues that the Superior Court’s decision in the instant case is inconsistent with its previous decision in P.E.S. and violates Appellant’s right to protect his reputation, guaranteed by Article I, Section 1 of the Pennsylvania Constitution.6 Appellee counters that there is no statutory authority for expungement of PFAA records, thus arguing by implication that the Superior Court overstepped its authority in P.E.S. by sanctioning the right to petition for expungement of PFAA records. Appellee goes on to argue in the alternative, that if a right' to petition for expungement of PFAA records exists, the Superior Court properly distinguished P.E.S. from the instant case.
We will first address Appellee’s contention that ex-pungement of PFAA records is prohibited because there is no statutory authority for the same. Appellee essentially argues that this matter is controlled by the maxim expressio unius es exclusio alteHus.7 Appellee asserts that since the legislature has provided standards and procedures for expungement of records in criminal, juvenile and child. abuse matters, the legislature’s failure to provide standards and procedures for expungement of PFAA records evinces the legislature’s intention to prohibit such.
In P.E.S., the Superior Court relied heavily on this Court’s decision in Wolfe, wherein we stated:
[477]*477The Pennsylvania Constitution specifically provides that “all men ... have certain inherent and indefeasible rights, among which ... [is] acquiring, possessing, and protecting ... reputation ...” Const, art. 1, § 1. We cannot ignore the fact that many people in our society view mental illness with disdain and apprehension. We, in Commonwealth ex rel.
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OPINION
Chief Justice ZAPPALA.
We granted allocatur in this case to determine whether the Superior Court properly affirmed the Lackawanna County Common Pleas Court’s order denying expungement of a Protection From Abuse Act1 (PFAA) proceeding. For the reasons that follow, we reverse.
On October 6, 1998, Appellee, Maura Carlacci, filed a PFAA petition2 against Appellant, Edward R. Mazaleski. Appellee and Appellant are not married, but are the parents of a minor child. The Court of Common Pleas of Lackawanna County entered a temporary PFAA order ex parte that same date and scheduled a hearing for October 15, 1998. On October 15th, Appellant was awarded partial custody of the minor child and the parties agreed to continue the PFAA matter until November 16, 1998. On November 16th, the parties executed a stipulation that the temporary PFAA order should be declared null and void, ab initio,3 which was adopted as an “Order of Court.”4
[474]*474On November 19, 1998, Appellant filed a motion to expunge the docket related to the PFAA petition. • On December 24, 1998, the common pleas court denied Appellant’s motion. On December 30, 1999, the Superior Court affirmed in an unpublished memorandum. Appellant’s subsequent Application for Reargument was denied by order of the Superior Court dated March 10, 2000.
In this Commonwealth, there exists the right to petition for expungement of a criminal arrest record. See e.g., Commonwealth v. Armstrong, 495 Pa. 506, 434 A.2d 1205, 1206 (1981). This right is an adjunct of due process and is not dependent upon express statutory authority. Id.; see also Commonwealth v. Rose, 263 Pa.Super. 349, 397 A.2d 1243 (1979). “In determining whether justice requires expungement, the Court, in each particular case, must balance the individual’s right to be free from the harm attendant to the maintenance of the arrest record against the Commonwealth’s interest in preserving such records.” Commonwealth v. Wexler, 494 Pa. 325, 431 A.2d 877, 879 (1981). The factors that must be considered in making such a determination include, but are not limited to:
[T]he strength of the Commonwealth’s case against the petitioner, the reasons the Commonwealth gives for wishing to retain the records, the petitioner’s age, criminal record, and employment history, the length of time that has elapsed between the arrest and the petition to expunge, and the specific adverse consequences the petitioner may endure should expunction be denied.
Id. (quoting Commonwealth v. Iacino, 270 Pa.Super. 350, 411 A.2d 754, 759 (1979) (Spaeth, J., concurring)).
Although this Court has never addressed an expungement in the context of the PFAA, the Superior Court did so in P.E.S. v. K.L., 720 A.2d 487 (Pa.Super.1998). There, a PFAA petition had been filed by the appellant against the appellee, requesting the issuance of a temporary PFAA order. The [475]*475petition was denied and a hearing on the petition was scheduled; the parties, however, failed to appear and no action was taken on the petition. The appellee thereafter filed a “Motion to Dismiss and Expunge the Record.” The common pleas court granted the motion to dismiss, but denied the motion to expunge based on its determination that there was no statutory authority for expungement of a PFAA record.
On appeal, the Superior Court reversed. After conceding that the PFAA did not specifically authorize expungement of a PFAA record, the Superior Court stated that it was “extending] the concept of expungement to the PFAA in limited circumstances where a [petitioner] seeks to protect his or her reputation.” P.E.S., 720 A.2d at 490. The Superior Court analogized the appellee’s request to expunge the record of the dismissed PFAA petition to a request to expunge court records of an illegal commitment to a state psychiatric hospital pursuant to this Court’s decision in Wolfe v. Beal, 477 Pa. 477, 384 A.2d 1187 (1978) (holding that a person who has been unlawfully committed to a state psychiatric hospital has a right, arising out of the right to protect one’s reputation guaranteed by Article I, Section 1 of the Pennsylvania Constitution, to the destruction of the hospital records which were created as a result of the illegal commitment); accord Commonwealth v. J.T., 279 Pa.Super. 127, 420 A.2d 1064 (1980) (applying Wolfe to the expungement of court records of a psychiatric commitment order determined to be null and void for having not been entered in compliance with the Due Process Clause of the United States Constitution and the Mental Health and Mental Retardation Act of 1966, 50 P.S. § 4406 (repealed in part 1976)).5 Accordingly, the Superior [476]*476Court ordered that the record of the dismissed PFAA petition be expunged. The Superior Court also went on to hold in P.E.S. that in ruling on a petition to expunge a PFAA record, the trial court must utilize the Wexler balancing test.
On appeal to this Court, Appellant argues that the Superior Court’s decision in the instant case is inconsistent with its previous decision in P.E.S. and violates Appellant’s right to protect his reputation, guaranteed by Article I, Section 1 of the Pennsylvania Constitution.6 Appellee counters that there is no statutory authority for expungement of PFAA records, thus arguing by implication that the Superior Court overstepped its authority in P.E.S. by sanctioning the right to petition for expungement of PFAA records. Appellee goes on to argue in the alternative, that if a right' to petition for expungement of PFAA records exists, the Superior Court properly distinguished P.E.S. from the instant case.
We will first address Appellee’s contention that ex-pungement of PFAA records is prohibited because there is no statutory authority for the same. Appellee essentially argues that this matter is controlled by the maxim expressio unius es exclusio alteHus.7 Appellee asserts that since the legislature has provided standards and procedures for expungement of records in criminal, juvenile and child. abuse matters, the legislature’s failure to provide standards and procedures for expungement of PFAA records evinces the legislature’s intention to prohibit such.
In P.E.S., the Superior Court relied heavily on this Court’s decision in Wolfe, wherein we stated:
[477]*477The Pennsylvania Constitution specifically provides that “all men ... have certain inherent and indefeasible rights, among which ... [is] acquiring, possessing, and protecting ... reputation ...” Const, art. 1, § 1. We cannot ignore the fact that many people in our society view mental illness with disdain and apprehension. We, in Commonwealth ex rel. Magaziner v. Magaziner, 434 Pa. 1, 253 A.2d 263 (1969), approved of the concept of protecting the reputation of a person who was unlawfully thrust into the criminal process by sanctioning the expungement of his criminal record. We should do no less for appellant. The continued existence of the hospital records pose a threat to appellant’s reputation.
384 A.2d at 1189. Comparing psychiatric commitments to PFAA actions, the Superior Court stated in P.E.S.:
Much like psychiatric commitments, abuse actions are not taken lightly in our Commonwealth, even when such petitions are dismissed. Commonwealth v. Majeed, 548 Pa. 48, 56 n. 6, 694 A.2d 336, 340 n. 6 (1997) (“A violation of a [PFAA order] is a violation of the law, a public wrong, punishable by fine, imprisonment, or both.”) See also 23 Pa.C.S.A. § 6114; Commonwealth v. Aikins, 422 Pa.Super. 15, 618 A.2d 992 (1993) (Beck, J., dissenting).
720 A.2d at 491. Furthermore, as Appellant points out, another consequence of maintenance of a PFAA docket record is the possibility that it can be considered by a trial court in any subsequent PFAA proceeding, under 23 Pa.C.S. § 6107(a).8
We find the Superior Court’s reasoning in P.E.S. persuasive and therefore expressly adopt its holding, that there exists a right to petition for expungement of a PFAA record where the petitioner seeks to protect his reputation. This right is an adjunct of due process and Article I, Section 1 of the Pennsylvania Constitution and is not dependent upon [478]*478express statutory authority. This matter is thus not controlled by the maxim expressio unius es exclusio alterius, but instead, by the maxim ubi jus, ibi remedium.9
Having established that there is a right to petition for expungement of PFAA records, we now turn to Appellant’s claims. The Superior Court distinguished its decision in P.E.S. from the instant case as follows:
Here, unlike in P.E.S. (where no action, be it temporary or final, occurred), action was taken in the form of a temporary [PFAA order], which remained in effect and was continued for forty-one (41) days before becoming the object of the parties’ stipulation order. Further, the temporary [PFAA order] was not the product of illegal activity nor the focus of the appellant’s objection either during or after the October 15, 1998 “final order of court”, which provided the appellant with partial custody of the parties’ minor-child and continued the temporary [PFAA order] until November 16, 1988. Such factors distinguish P.E.S. from the case sub judice. In addition, had the appellant violated the temporary [PFAA order] during its 41-day existence, he would have been subject to arrest on the charge of indirect criminal contempt punishable by a fine up to $1,000 and/or a jail sentence of up to six months. Consequently, we hold that the unique facts of this case warrant the affirmance of the order denying the appellant’s “Motion to Expunge”, even though the [PFAA order] was the object of a stipulation to dismiss between the parties because the matter went beyond the temporary PFA stage.
Superior Court memorandum at 5-6 (emphasis in original).
Appellant contends that this is an insufficient basis on which to distinguish P.E.S. from the instant case. We agree. That no temporary PFAA order was entered in P.E.S. is of no moment. In both, cases, the PFAA proceedings were discontinued before a hearing at which the plaintiff in each case would have had to meet the' burden of proving by a preponder[479]*479anee of the evidence that the allegation of abuse contained in the PFAA petitions had occurred. As aptly stated by President Judge Emeritus Cercone in his dissenting memorandum:
Despite the passage of time, the [PFAA] proceedings never legally evolved beyond the temporary order stage as the Trial Court merely continued the original temporary order which was issued ex parte. The Trial Court did not issue a permanent order or make any ... findings of fact that incidents of abuse had occurred. The only evidence of abuse which existed of record when the Trial Court continued the temporary order was the Appellee’s bald allegations of prior alleged acts of abuse that were contained in her petition, nothing more.
Superior Court dissenting memorandum at 3.
We find the facts of P.E.S. and the instant case analogous to those presented in Commonwealth v. D.M., 548 Pa. 131, 695 A.2d 770 (1997). In D.M., this Court held that when a defendant has been tried and acquitted of a criminal offense, he is entitled to expunction of the arrest record as a matter of law, and that the Wexler balancing test is unnecessary and inappropriate. Just as we found it “improper to go behind a verdict of acquittal and purport to assess the strength of the prosecution’s case” in attempting to apply the first factor of the Wexler balancing test in a criminal expungement matter, see D.M., 695 A.2d at 772, it is equally improper to assess the strength of a PFAA petition that has since been dismissed by court order before the plaintiff even attempted to meet its burden of proving the allegation of abuse contained in the PFAA petition, in attempting to apply the Wexler balancing test in a PFAA expungement matter. We therefore hold that the Wexler balancing is unnecessary when: (1) a PFAA petition filed against a PFAA defendant has been dismissed by court order, as in P.E.S.; or (2) the PFAA proceedings never evolve beyond the temporary order stage,, as in the instant case.10
[480]*480Accordingly, the order of the Superior Court affirming the order of the Court of Common Pleas of Lackawanna County is reversed and the case is remanded to the common pleas court with instructions to enter an order expunging the docket related to the PFAA petition filed against Appellant.
Former Chief Justice FLAHERTY did not participate in the decision of this case.
Justice NEWMAN files a dissenting opinion.
Justice SAYLOR files a dissenting opinion in which Justice NEWMAN joins.